Opinion
March 26, 1996
Appeal from the Supreme Court, New York County (Alice Schlesinger, J.).
The protections afforded workers from gravity related injury and violations of the Industrial Code provided by the Labor Law extend to asbestos workers ( see, Klapa v O Y Liberty Plaza Co., 218 A.D.2d 635). We reject defendants' argument that an owner or general contractor without asbestos license or certification has no control over the work site. On the contrary, access to the site before removal, and even during removal as an "authorized visitor", is permitted ( 12 NYCRR 56-1.4 [r]; 56-9.3). We also decline to grant plaintiff summary judgment as to liability inasmuch as this issue was not presented to the motion court.
Concur — Rosenberger, J.P., Ellerin, Rubin and Nardelli, JJ.